Social Welfare (Consolidation) Act, 1981


[1935 WOPS, s. 65]

189.—(1) The Minister may make regulations—

(a) specifying the manner in which claims to pensions may be made, and the manner in which pensions are to be paid;

(b) specifying the procedure to be followed on references under this Chapter, and for applying for the purposes of any such reference any of the provisions of the Common Law Procedure Amendment Act (Ireland), 1856 , and for excluding the application of any of the other provisions of that Act;

(c) authorising in such cases as may be prescribed the payment of any sum by way of pension during any period intervening between the making of any claim or the referring of any question and the final determination of the claim or question;

(d) enabling a person to be appointed to exercise on behalf of any claimant or person entitled to or in receipt of a pension who is, by reason of any mental or other incapacity, unable to act, any right to which that claimant or person may be entitled under this Chapter, and to authorise any person so appointed to receive on behalf and for the benefit of the claimant or person any pension;

(e) providing that, notwithstanding anything contained in section 190 or 191 relating to time limit for obtaining payments on account of pensions, but subject to the regulations—

(i) in the case of the death of a person who was in receipt of a pension, payment may be made of any sum which became payable within three months before the date of his death on account of the pension, but has not been paid; and

(ii) in the case of the death of a person who being entitled to a pension had made a claim thereto, payment may be made of any sum which, if his claim had been allowed immediately before his death, would have become payable on account of the pension up to the date of his death;

(f) providing that, subject to the regulations, probate or other proof of the title of the personal representatives of the deceased person may be dispensed with in the case of any such sum as is mentioned in paragraph (e) and that any such sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others, or, in the case of any illegitimacy of the deceased person or any child of his, to or among such person or persons as may be directed by the regulations.

(2) Regulations under this section specifying the manner in which pensions are to be paid shall be made with the consent of the Minister for Posts and Telegraphs.

[1952, s. 121]

(3) Regulations may apply any of the provisions of or made under sections 111 , 112 , 113 , 128 , 129 , 295 , 296 , 297 , 298 , 299 and 300 to pensions, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of this Chapter or Part VIII .